People v. Forbes, 190 A.D.2d 1005 (N.Y. App. Div. 1993). · Go Syfert
People v. Forbes, 190 A.D.2d 1005 (N.Y. App. Div. 1993). Cases Citing This Book View Copy Cite
10 citation events (7 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Robbins (nyappdiv, 2022-06-02)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Robbins
N.Y. App. Div. · 2022 · confidence medium
The check did not turn up the prior criminal history of the coworker from another state and, "as the People were unaware of the record of the witness'[s] conviction[s] before or at the time of trial, their failure to disclose [those convictions] did not violate Brady " ( People v Forbes , 190 AD2d 1005, 1006 [1993], lv denied 81 NY2d 970 [1993]; accord People v Ingraham , 274 AD2d 828, 829 [2000]).
discussed Cited as authority (rule) People v. Saddler
N.Y. App. Div. · 2021 · confidence medium
Contrary to defendant's further contention, the court did not improperly curtail his cross-examination of the witnesses at the suppression hearing ( see People v Carroll , 303 AD2d 200, 201 [1st Dept 2003], lv denied 100 NY2d 560 [2003]; People v Presha , 190 AD2d 1005, 1005 [4th Dept 1993], lv denied 81 NY2d 891 [1993]), particularly because the precluded questions involved collateral issues with no direct bearing on the suppression analysis ( see People v Arnau , 58 NY2d 27, 37 [1982], cert denied 468 US 1217 [1984]; People v Patino , 97 AD2d 552, 553 [2d Dept 1983] [Gibbons, J., concurring]…
discussed Cited "see, e.g." BENTON, JONATHAN, PEOPLE v
N.Y. App. Div. · 2011 · signal: see also · confidence low
In any event, that contention is without merit because the DNA report was not exculpatory in nature (see People v Wright, 43 AD3d 1359, 1360 , lv denied 9 NY3d 1011 ; People v Scott, 32 AD3d 1178, 1179 , lv denied 8 NY3d 884 ; see also People v Forbes, 190 AD2d 1005 , lv denied 81 NY2d 970 ).
discussed Cited "see, e.g." People v. Benton
N.Y. App. Div. · 2011 · signal: see also · confidence low
In any event, that contention is without merit because the DNA report was not exculpatory in nature (see People v Wright, 43 AD3d 1359, 1360 [2007], lv denied 9 NY3d 1011 [2007]; People v Scott, 32 AD3d 1178, 1179 [2006], lv denied 8 NY3d 884 [2007]; see also People v Forbes, 190 AD2d 1005 [1993], lv denied 81 NY2d 970 [1993]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Jonathan P. Forbes
Appellate Division of the Supreme Court of the State of New York.
Feb 5, 1993.
190 A.D.2d 1005
1993 N.Y. App. Div. LEXIS 1184
Cited by 6 opinions  |  Published

— Judgment unanimously affirmed. Memorandum: On appeal from his conviction of robbery in the third degree, defendant contends that the evidence was insufficient, that the verdict was against the weight of the evidence, and that the People failed to produce Brady material.

We conclude that the testimony of the complaining witness established the essential element of use or threat of force. He testified that, while in the victim’s car, defendant had what appeared to be a revolver, cocked the hammer, stuck the gun in the victim’s ribs, and demanded money, stating "I’m hyped up. Don’t make me kill you.” After taking the money, defen[*1006] dant again threatened to kill the victim if he called the police. Contrary to defendant’s contentions, the victim is not required to make an objective assessment of defendant’s ability to carry out the threat. Moreover, an express threat to kill, even if uttered in a "normal conversational tone”, is sufficient to support a robbery conviction.

The trial court did not fail "to give the evidence the weight it should be accorded” (People v Bleakley, 69 NY2d 490, 495). There were minor contradictions and inconsistencies in the People’s case, but it was reasonable for the court to deem them relatively insignificant in the context of the generally strong case against defendant.

There was no Brady violation. The prosecution’s duty to disclose arises only with respect to exculpatory information "in its possession” (People v Vilardi, 76 NY2d 67, 73, citing Brady v Maryland, 373 US 83; see, People v Cwikla, 46 NY2d 434, 441; CPL 240.45 [1] [b]). Inasmuch as the People were unaware of the record of the witness’ conviction before or at the time of trial, their failure to disclose it did not violate Brady (Brady v Maryland, supra). (Appeal from Judgment of Supreme Court, Erie County, Forma, J. — Robbery, 3rd Degree.) Present — Denman, P. J., Balio, Lawton, Fallon and Doerr, JJ.